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West Virginia Small Claims Questions & Answers
1 Answer | Asked in Criminal Law, Animal / Dog Law, Federal Crimes and Small Claims for West Virginia on
Q: Can I sue a humane society for selling me chronically sick cats after guaranteeing good health? One was euthanized.

I bought two cats on the verbal guarantee they were both healthy, with no prior or current issues, and were fully vaccinated. Just a short 24 hours later, one had to be euthanized and the other is infested with worms. The 4m old kitten was euthanized due to its respiratory distress and organ... View More

James L. Arrasmith
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answered on Sep 5, 2024

Yes, you may have grounds to sue the humane society for breach of contract or misrepresentation, given the verbal guarantee they provided about the cats' health. If you can prove that the society knew or should have known about the cats' health issues and failed to disclose them, you may... View More

1 Answer | Asked in Small Claims for West Virginia on
Q: I paid for tombstone back in January also paid for footer to be put in tombstone has been done it’s aug still waiting

Was told be in by may . Cemetery has not did footer and not answering phone call July makes anniversary of death . We want as family closure

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2020

A West Virginia attorney could best advise, but your question remains open for five weeks. Legal issues aside, these things can take a long time to create, the companies are often small operations, and COVID could have only compounded matters. You could continue your efforts to contact, maybe... View More

1 Answer | Asked in Consumer Law, Criminal Law and Small Claims for West Virginia on
Q: Charged with 2 counts theft, 1 count larceny in WV by rent-to-own company. My 1st ever offence.

Had a WV state trooper stop by my house a few days ago telling me a rent to own company I leased items from are pressing 2 theft charges and I think a larceny charge on me for unreturned and non-paymnt of 3 items. He said he would speak with a magistrate judge and get back with my in few days.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2020

Your post remains open for two weeks and your matter is something where time is of the essence. You need to consult with a criminal defense attorney - this is not a small claims matter or consumer law matter. If you have not already, contact criminal defense attorneys - or based on your financial... View More

1 Answer | Asked in Small Claims for West Virginia on
Q: Unsure if I should seek legal action?

Myself and my daughter who is 2 we were at Perkins Restaurant and Bakery. We went to the restroom she walked in and I was behind her and went to shut the door. As soon as I did the changing table flew open and hit her in the head. So I took her out and told the workers. They came and told me that... View More

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2019

I hope your daughter is okay. The first priority would be to ensure that she is okay; you could arrange an exam with her pediatrician or other physician(s) to check for injuries. If she is okay, that would be great. If her examining physician(s) did find evidence of injury, you could arrange... View More

1 Answer | Asked in Real Estate Law and Small Claims for West Virginia on
Q: House seller intentionally did not disclose active water leak, what should I do after house purchase?

Hi, I live in West Virginia and recently purchased a house. However, after we moved in, we found that there is an active leak in the master bathroom that's very serious, the repair estimate is around $7000. The seller seems to be aware of this active leak but did not disclose this condition in... View More

Richard Sternberg
Richard Sternberg
answered on Jan 30, 2018

Get a lawyer in West Virginia where the home is located. In other states where I practice, a material misrepresentation to a consumer in a real estate advertisement can result in treble damages, punitive damages, attorneys fees, and costs. I practice in VA, MD, and DC, but I know I have someone in... View More

1 Answer | Asked in Consumer Law, Small Claims and Products Liability for West Virginia on
Q: Can I take legal action

I went to a local restaurant ( Wendy's). and ordered a sandwich with no tomatoes because I am allergic to them. when I checked my food it had tomatoes on it .I then went and ordered another sandwich because I was afraid they would just take them off. Again I told them no tomatoes I am allergic... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2016

You have a claim. I suggest you contact a member of the W.Va. Assn for Justice as their members give free consultations.

They may suggest that fortunately you caught it and it's a lesser case in which case get some thoughts as to what you'll need for small claims court. But get the free consult.

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